Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, discontinue immediately the access and/or use of the Service. EZCalls.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
1. Services Provided. EZCalls provides you with the ability to make international telephone calls using touch-tone telephones by dialing the access number(s) listed in the Access Numbers, entering a Personal Identification Number ("PIN") either setup by customer or provided to you by EZCalls and dialing the called party. You do not need to change your current long distance, local or international telephone service provider(s) to use the Services.
2. Registering a Phone Number. When purchasing EZCalls services, you will be required to register at least one telephone number, and may register up to five (5) telephone numbers (â€œRegistered Phoneâ€�) If you use the EZCalls from any of the Registered Phones, you will not be required to enter a personal identification number or â€œPINâ€� after the appropriate dialing access numbers.If you are making the call from a number that is not registered with EZCalls, you will be required to enter the PIN in order to make the call. From time to time, EZCalls may require you to enter your PIN even when dialing from your Registered Phone.
3. Opening an Account. In order to become a EZCalls customer, you must first complete an application form which can be found on the Website or by registering through our customer service center. As part of the application process, you will need to provide us with your personal identification information.
Once you have been accepted as a EZCalls customer, we will send you an electronic mail message ("e-mail") that confirms that you have become a EZCalls customer
4. Usernames/Passwords/Personal Identification Numbers/Valid Email Addresses. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CHARGES THAT OCCUR USING YOUR ACCOUNT OR PIN REGARDLESS OF WHETHER YOU HAVE AUTHORIZED SUCH USE. EZCalls IS NOT RESPONSIBLE FOR LOST OR STOLEN PINS OR UNAUTHORIZED USE. If you believe that your Account and/or PIN is being used without your authorization, you agree to contact us immediately so that the appropriate modifications can be made to your Account. If you have signed up for service via the website, please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a EZCalls customer. If you have signed up for a plan with on-line billing and payment, you are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from us so that we can notify you of updates to our Services and provide information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or PIN.
5. Access Numbers. To access our Services, you must dial either the toll free number or, where available, a local access number specified in the applicable Service Guide. After dialing an access number, you must enter your registered phone number and PIN, unless you are dialing from your registered phone number, and then the destination telephone number. However, for security purposes, you may still be required to enter your PIN from time to time even when dialing from your registered phone number.
Before you use any local access number, you should check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. We will not reimburse you for any charges assessed by your local phone company as a result of your dialing our access numbers. Similarly, we are not responsible for any additional charges your cellular service provider may impose on your account for using the Services on your cellular phone.
6. Customer Service. If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department by e-mail at support@EZCalls.com or by phone at 1-855-EZ CALLS (855-392-2557)
1. Rates and Charges. Our rates and charges are listed on our Website and in the applicable Rate Programs, and are incorporated by reference herein. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any call using the Services.
2. Rounding/Rating of Calls. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Generally, timing of calls begins when the called party or automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call, or EZCalls receives an â€œon-hookâ€� signal from the terminating carrier. However, some foreign carriers (with whom EZCalls must interconnect in order to terminate call to foreign countries) designate a call as â€œansweredâ€� when the called partyâ€™s line rings or after a certain number of rings, and will charge EZCalls for a completed call. In these situations, EZCalls will charge for the call as if it were answered by the called parties. We may change the billing period or billing increment from time to time by posting any such change on our Website
3. Surcharges. All taxes, tax-like charges, Government Regulatory feeâ€™s and tax related surcharges are referred to collectively as â€œSurchargesâ€� You agree to pay all Surcharges imposed. If you provide EZCalls with a duly authorized tax exemption certificate, EZCalls will exempt you in accordance with law and for the portion of the charges surcharges, if any, impacted, effective on the date EZCalls receives the certificate. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
4. Other Surcharges: In addition to any fees and charges associated with a particular rate program, the following surcharges will apply:
a. Payphone Use Charge: Charges for calls that originate from any domestic payphone will include a $0.69 per call surcharge.
5. Rate Changes. EZCalls may change the prices and charges for the Services and offer special promotions from time to time.
1. You agree to pay us for all charges and rates as listed in this agreement and in your applicable Rate Program as listed on our website and in the manner elected when you first signed up for EZCalls services. You are responsible for payment of all charges for services furnished to you and anyone authorized by you to use your service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken or caused by third parties.
2. In the event payment is made by personal check and your check is not honored by the institution on which it was drawn, EZCalls will impose, and you will be required to pay, a $25.00 fee, where permitted by applicable law, in addition to other remedies available to EZCalls.
3. If billing systems or other support are not available for a service, feature, surcharge, or other charge element at the time of service provision, EZCalls will bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.
1. Disputes. You must notify us by e-mail (support@EZCalls.com) or telephone (1-855 EZ CALLS) of any disputed charges within thirty (30) days of the charge being posted to your Account. Notices must include all relevant information, including but not limited to account number, amount in dispute, reasons for the dispute, a contact number and email address for the account holder and any other detail sufficient for EZCalls to appropriately evaluate the dispute. To the extent we determine that a charge adjustment is warranted, we will credit your Account. If you fail to notify us of a charge dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
2. Refund/Credits. If you do not like the voice quality of any call than that call should be disconnected within 30 seconds. EZCalls will not refund/credit for any call that is greater than 30 seconds. EZCalls reserves the right to deny any credit if we find that the quality of that destination is not bad. There will not be any credits/refunds for domestic calls.
1. EZCalls offers its services subject to the availability of facilities, limitations of service offerings, and the provisions of this agreement.
2. Services provided by EZCalls under this Agreement will not be use:
a. for any unlawful purpose; or
b. For making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; or
c. for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision.
3. EZCalls may (a) deny, for any lawful reason, your request for service, or (b) limit or allocate the facilities available to or used by any service, if necessary, to manage its network in an efficient manner; meet reasonable service expectations, furnish service to existing and future customers based on forecasted customer requirements or for any other lawful reason.
4. EZCalls may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges (â€œNXX exchangesâ€�) individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever EZCalls deems it necessary to take such action to prevent (1) the unlawful use of service; (2) non-payment of service; (3) the user of service in violation of the Agreement; or (4) network blockage or the degradation of service furnished to you or other customers.
1. Cancellation by the Customer. You may discontinue using the service at any time by notifying us by e-mail (support@EZCalls.com) or by calling our customer service center at 1-855-EZ CALLS (855 392 2557). We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue service.
2. Expiration Policy. EZCalls reserves the right to let your Account and your PIN expire after six (6) months of inactivity (measured from the date of last use or last recharge on the Account, whichever is later).
3. Fraudulent Use; Cancellation, Suspension or Termination by EZCalls. EZCalls reserves the right to discontinue furnishing services, suspend or cancel your account and/or block your access to the EZCalls network, without incurring any liability and without notice if EZCalls deems that such action is necessary to protect against or prevent fraud or otherwise protect EZCallsâ€™s personnel, agents, facilities or services. Without limitation, EZCalls may cancel your service for any of the following reasons:
a. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your status under federal and/or state low income programs, your past or current use of common carrier communications service, or your planned use of such service;
b. You indicate that you will not comply with a request for security for the payment for services;
c. EZCalls has received notice from your local telephone company that the local telephone company has cancelled your local exchange service;
d. Your service usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of possible fraud;
e. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
f. Your telephone equipment fails to pass back to EZCalls the appropriate signal to start and stop billing for a call;
g. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity;
h. You have not used the service (with the exception of calls to Directory Assistance) for six (6) In such case, EZCalls may deactivate the services to reduce the risk of fraud or abuse.
i. EZCalls has made available service to you and you have failed to place the available service into actual and substantial use during the 90-day period immediately following its availability, or, if during any service term, you have not actually and substantially used the available service for any consecutive 90-day period (as used in this paragraph, "actual and substantial use" will mean a pattern of use that discloses an intent on your part to employ the service to transmit information of your choosing); and/or
j. You act in a manner that is threatening, obscene, harassing, or abusive to EZCalls personnel.
If EZCalls has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, EZCalls may immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. If EZCalls is unable to charge to your credit card (e.g. the card is no longer valid or you have instructed the credit card company to block, reject or refuse to pay such charge) we may immediately suspend, restrict, or cancel your Account and your ability to use the Services without notice.
6. Other. EZCalls may from time to time choose to discontinue certain Services, subject to applicable law and regulation.
1. EZCalls will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, acts of terrorism, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services to restore service in compliance with the FCC's Rules and Regulations; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of EZCallsâ€™s facilities or commencement of service.
2. EZCallsâ€™s liability for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by this Agreement.
3. IN NO EVENT WILL EZCalls BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT EZCalls HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS div SURVIVES TERMINATION OF THIS AGREEMENT.
4. EZCalls will be indemnified, defended, and held harmless by you and/or by others authorized by you to use the service against all claims of loss or damage arising from the use of service furnished by EZCalls, including:
a. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via EZCalls service; and
b. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by EZCalls.
1. Agents and Resellers. No agent or reseller is permitted to sell our Services, electronically or through phone cards, unless it has been specifically authorized by EZCalls. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.
2. Access to Third-Party Vendors. We may, from time to time, offer our customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
3. Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of e-mails from EZCalls. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and services we believe may be of interest to you. You may opt-out of future e-mails about products or services by contacting us either by e-mail at unsubscribe@EZCalls.com or by calling us at 1-855-EZ CALLS (855 392 2557). We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
5. Modifications/Amendments. We may modify or amend this Agreement, including the referenced Service Guides, from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us at support@EZCalls.com or by calling us at 1-877-301-6440. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
6. Assignment. Customers may not modify or assign this Agreement. In its sole discretion, EZCalls may assign this agreement without notice to the customer.
7. Severability. If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
8. Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and EZCalls with respect to the Services provided hereunder and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the Provisions of this Agreement will control.
9. Compliance with Laws. You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event we determine that you have violated any such term, condition, law and/or regulation.